Lawsuit Compels Nationwide Public Review of Plutonium Bomb Core Production

AIKEN, S.C. — Today the National Nuclear Security Administration (NNSA), the semi-autonomous nuclear weapons agency within the Department of Energy, published a formal Notice of Intent in the Federal Register to complete a nationwide “programmatic environmental impact statement” on the expanded production of plutonium “pit” bomb cores. Pits are the essential radioactive triggers of modern nuclear weapons. The NNSA is aggressively seeking their expanded production for new-design nuclear weapons for the new nuclear arms race.

The South Carolina Environmental Law Project (SCELP) successfully represented the Gullah/Geechee Sea Island Coalition and Nuclear Watch New Mexico, Savannah River Site Watch and Tri-Valley Communities Against a Radioactive Environment in a legal challenge to NNSA’s attempt to improperly jump start dual site pit production. On September 30, 2024, United States District Court Judge Mary Geiger Lewis ruled that the NNSA had violated the National Environmental Policy Act (NEPA) by failing to properly consider alternatives before proceeding with its plan to produce at least 30 pits per year at the Los Alamos National Laboratory (LANL) in New Mexico and at least 50 pits per year at the Savannah River Site (SRS) in South Carolina.

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Victory! Proposed Tritium Venting by LANL Halted for Now Due to Community Pressure

Proposed Tritium Venting by Los Alamos National Lab Postponed Indefinitely after Community Pressure

THANK YOU to the over 2,500 of you who signed our Petition to Deny LANL’s Request to Release Radioactive Tritium into the Air!
A massive thank you as well to our fellow campaigners we worked alongside on this issue, Tewa Women United and Concerned Citizens for Nuclear Safety, and of course thank you as well to NMED Secretary Kenney for listening to our community.

From Tewa Women United:

Beloved Community, we have some really good news!

Our Environmental Justice team has finally received the response from the New Mexico Environmental Department regarding the LANL/DOE/NNSA request for temporary authorization to begin venting tritium this summer. The short story: **Secretary Kenney (NMED) says that NMED will not act on the temporary authorization request** until the following criteria is met:

1. independent technical review

2. public meeting

3. tribal consultation (in addition to NMED tribal consultation)

4. compliance audit

These criteria must be met and LANL/DOE/NNSA must submit an updated request before NMED will revisit and make a decision.

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Plutonium Pit PEIS Scoping Hearing Presentation: Slides and Recording

Get Prepared: A coalition of advocacy groups, including Union of Concerned Scientists, Tri-Valley CAREs, and NukeWatch New Mexico recently held a training to help participants prepare effective comments.

Watch the recording here
Password: gP=&0LYZ

Nuclear Weapons Issues & The Accelerating Arms Race: May 2025

Nuclear Weapons Budget:

• Republicans are pushing for $1 trillion per year for military spending. The fiscal 2026 budget request calls for $892.6 billion in discretionary defense funding — same as FY 2025 (and a cut given inflation). But they are also seeking $119.3 billion through budget “reconciliation.”

• Congressional Budget Office “Projected Costs of U.S. Nuclear Forces, 2025 to 2034,” April 2025:

“Costs of Current Plans: If carried out, DoD’s and DOE’s plans to operate, sustain, and modernize current nuclear forces and purchase new forces would cost a total of $946 billion over the 2025–2034 period, or an average of about $95 billion a year, CBO estimates… CBO’s current estimate of costs for the 2025–2034 period is 25 percent (or $190 billion) larger than its 2023 estimate of $756 billion, which covered the 2023–2032 period.” https://www.cbo.gov/system/files/2025-04/61224-NuclearForces.pdf

Separately it was reported that the twelve new Columbia class submarines will cost $12 billion each, three times more than their projected cost in 2010 and is years behind schedule.

Nuclear Weapons Update:

Nuclear weapons and delivery systems would get an added $12.9 billion in the new reconciliation proposal. This includes $2 billion for sea-launched nuclear cruise missiles and $400 million for their warhead.

Accelerating Arms Race
• The current conflict between India and Pakistan is dangerous.

• 4-4-25 ExchangeMonitor: https://www.exchangemonitor.com/wrap-up-russias-modern-arsenal-and-nukes-in-ukraine-deputy-secretary-of-energy-hearing-rubio-japan-and-rok-in-brussels-more/
“Russia’s top commander in Ukraine Gen. Sergei Surovikin discussed using nuclear weapons to prevent Ukraine from advancing into Crimea in the fall of 2022, the New York Times said March 29. The Times cited U.S. intelligence reports…”

 

Find Out the Facts & Sign the Petition: Why NMED Should Deny LANL’s Request for Tritium Releases

Why NMED Should Deny LANL’s Request for Tritium Releases

The Los Alamos National Laboratory plans to begin large releases of radioactive tritium gas any time after June 2, 2025. The only roadblock to the Lab’s plans is that it needs a “Temporary Authorization” from the New Mexico Environment Department to do so.

Reasons why NMED should deny LANL’s request are:

  1. The state Environment Department has a duty to protect the New Mexican As it states, “Our mission is to protect and restore the environment and to foster a healthy and prosperous New Mexico for present and future generations.” 1
  2. Why the rush? LANL explicitly admits there is no urgency. According to the Lab’s publicly-released “Questions and Answers” in response to “What is the urgency for this project?”

“There is no urgency for this project beyond the broader mission goals to reduce onsite waste liabilities.” 2

    1. In addition, the National Nuclear Security Administration (NNSA) admits that the end time frame for action is 2028, not 2025.3 Therefore, there is time for deliberate consideration.
    2. Contrary to NMED’s Resource Conservation and Recovery Act permit for LANL, the Lab has not fulfilled its duty to inform the public via NMED of possible alternatives to its planned tritium releases.4 According to Tewa Women United, “LANL has told EPA there are 53 alternatives; that list of alternatives, initially requested in 2022, has not yet been Tewa Women United has repeatedly asked LANL to provide the public with that list.” 5

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Formal Comments on the Draft Site-Wide Environmental Impact Statement for Continued Operation of the Los Alamos National Laboratory

Full NukeWatch LANL SWEIS Comments Out Now!
The LANL SWEIS public comment period has ended, but you can still take action: Use our recent extensive comments as a resource & citizens’ guide to Lab issues.

The National Environmental Policy Act requires the Los Alamos National Laboratory to periodically prepare a new “Site-Wide Environmental Impact Statement (SWEIS) for Continued Operations.”

Please use NukeWatch NM’s recent extensive comments on the Lab’s new draft SWEIS as a resource and citizens’ guide to Lab issues.

Did you know, for example, that:

• LANL’s nuclear weapons production budget has doubled over the last decade?

• The Lab’s so-called cleanup plan is to “cap and cover” some 200,000 cubic yards of radioactive and toxic waste, leaving them permanently buried as a perpetual threat to groundwater?

• There is a planned intentional release of up to 30,000 curies of radioactive tritium gas, all without a public hearing?

View at: nukewatch.org/formal-comments-on-the-draft-site-wide-environmental-impact-statement-for-continued-operation-of-the-los-alamos-national-laboratory/


 Use our lengthy formal comments as a starting point, toolkit or resource for dissecting ongoing and future issues at LANL!

We encourage you to use our comments to ask for follow-up info, either from us here at NukeWatch or from the Lab, and to demand better accountability and transparency! Use as background or briefing material for local and congressional advocacy.

For example:

  • Cite or excerpt our comments in future public processes under the National Environmental Policy Act. For example, we are expecting that a nationwide programmatic environmental impact statement for plutonium “pit” bomb core production will be announced soon, the result of a lawsuit in which NukeWatch led.
  • Share with those organizing around stopping expanded plutonium pit production and advocating for genuine radioactive and toxic wastes cleanup.
  • Learn about LANL’s proposed electrical transmission line across the environmentally and culturally sensitive Caja del Rio and alternatives that were not considered.
  • The National Environmental Policy Act itself is under assault by the Trump Administration. We expect environmental justice and climate change issues to be stripped from LANL’s final Site-Wide Environmental Impact Statement. This needs to be resisted!

NukeWatch NM argued that the draft SWEIS should be withdrawn and a new one issued because:

 • The NNSA has rigged the draft LANL Site-Wide EIS with three self-serving scenarios:

  – Expanded nuclear weapons programs (contradictorily called the “No Action Alternative”).

  – Yet more expanded nuclear weapons programs (“Modernized Operations Alternative”).

– Yet far more expanded nuclear weapons programs (“Expanded Operations Alternative”).

• A Reduced Operations Alternative must be included.

• The SWEIS’ fundamental justification for expanded nuclear weapons programs is “deterrence.” But “deterrence” has always included nuclear warfighting capabilities that could end human civilization overnight.

• The SWEIS purports to align with U.S. obligations under the 1970 NonProliferation Treaty. That is demonstrably false.

• Future plutonium pit production is NOT to maintain the safety and reliability of the existing nuclear weapons stockpile. Instead, it is for new-design nuclear weapons that could lower confidence in stockpile reliability and/or prompt a return to testing.

• The SWEIS’ No-Action Alternative violates the National Environmental Policy Act (NEPA).

• The legally required programmatic environmental impact statement on pit production should be completed first, followed by the LANL SWEIS.

• Plutonium pit reuse should be analyzed as a credible alternative to pit production.

• A recent proposal for a data center at LANL is not in the SWEIS. It raises huge issues of future water and electrical use, the appropriateness of commercial interests at a federal lab, and the possible fusion of artificial intelligence and nuclear weapons command and control.

• Recent Executive Orders could strip the final SWEIS of environmental justice and climate change analyses. This must have clarification.

• Planned tritium releases should be fully analyzed.

• The Electrical Power Capacity Upgrade should be analyzed will all credible alternatives.

• The proposed BioSafety Level-3 facility must have its own standalone EIS.

• All Defense Nuclear Facilities Safety Board concerns should be addressed and resolved.

• Genuine comprehensive cleanup should be a preferred alternative.

• A new SWEIS should follow a new overdue Probabilistic Seismic Hazard Analysis.

Nuclear Weapons Issues & The Accelerating Arms Race: April 2025

Nuclear weapons

Air Force Weighs Keeping 1970s-Era Missiles Until 2050

The US Air Force is considering contingency plans that would extend the life of 1970s-era intercontinental ballistic missiles by 11 more years to 2050 if delays continue to plague the new Sentinel models intended to replace them. The current plan is to remove all 400 Minuteman III ICBMs made by Boeing Co. from silos by 2039… The Sentinel was projected last year to be deployed starting in May 2029. The first test flight was once projected for December 2023, but fiscal 2025 budget documents indicated a slip to February 2026.

The estimated cost of the new Sentinel intercontinental ballistic missiles (ICBM), originally at ~$110 billion, is now north of $180 billion. And this is before recognition of the immensity of supplying new command and control communications and recent consideration that its hardened silos may have to be replaced. IMHO it’s a propitious time to argue again for eliminating the land-based ICBM leg of the Triad. After all, one of its stated purposes is to act as a “nuclear sponge” for incoming Russian warheads. The odds of that are not zero and may increase if ICBMs are uploaded with multiple warheads after the New Strategic Arms Reduction Treaty expires in February 2026. More temptation for a preemptive first strike.

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Nuclear Watch New Mexico and Santa Fe Archbishop John C. Wester Attend the Third Meeting of States Parties to the Treaty on the Prohibition of Nuclear Weapons

Santa Fe Archbishop John Wester's UN Speech on the Immorality of Nuclear Weapons at the 3rd TPNW MSP

We had the honor of joining the Archbishop of Santa Fe, John Wester, in attending the third Meeting of States Parties to the Treaty on the Prohibition of Nuclear Weapons last week, March 3-7 in New York City. The archbishop gave mass to several different groups (see photos below) and spoke at the UN headquarters as part of Civil Society.

Santa Fe Archbishop John Wester blessing protesters against nuclear weapons on Ash Wednesday.  They are across the street from the United Nations for the Third Meeting of State  Parties to the Treaty on the Prohibition of Nuclear Weapons.
Santa Fe Archbishop John Wester with Kazakh artist Karipbek Kuyukov at the United  Nations for the Third Meeting of State Parties to the Prohibition of Nuclear Weapons.. Kuyukov was born without arms near a Soviet nuclear weapons testing site. He paints with a brush held between his teeth.

In New York City this week? Join Pax Christi members and friends at Mass with Archbishop John Wester (Santa Fe NM) on Tuesday, March 4, 6 pm, at the Church of Our Saviour, 59 Park Avenue at 38th Street. Use this link to RSVP. #TPNW #3MSP #nucleardisarmamentwww.dorothydayguild.org/WesterMass25

Pax Christi USA (@paxchristiusa.bsky.social) 2025-03-03T16:35:50.942Z

Brief Analysis of Today’s U.S. Supreme Court Oral Arguments on the Illegality of Licensing Radwaste Dumps in TX and NM

Today the United States Supreme Court heard arguments in the case of the Nuclear Regulatory Commission vs. Texas. At issue is whether the NRC exceeded its authority when it approved licenses for proposed “consolidated interim storage facilities” for high-level radioactive waste, and this includes highly irradiated “spent” fuel from nuclear power plants.

Two consolidated interim storage facilities are planned for western Texas and southeastern New Mexico. The Nuclear Waste Policy Act of 1982, as Amended specifically prohibits private “interim” storage of federal spent nuclear fuel, and disallows the Department of Energy from taking title to the waste unless a permanent geologic repository is licensed, built and opened.  The law intended to prevent private “interim” storage of federal radioactive waste because interim storage is much less robust than permanent storage, and would double the risk of accident or attack during transport, since consolidated “interim” storage means the waste has to be moved twice, once to the CISF and again to a permanent repository.

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LANL Site-Wide EIS Hearings in Santa Fe and Los Alamos Filled with Loud Protest and Vehement Dissent: Nuclear Weapons are IMMORAL

In this Site-Wide EIS we’re given three options: Expanded nuclear weapons programs (hypocritically called the no action alternative), then we’re presented with yet more expanded nuclear weapons programs, and the third alternative is even more expanded nuclear weapons programs. What we really need is a genuine alternative in this Site-Wide, and I hope that citizens will repeatedly bring this up. We need a TRUE ALTERNATIVE in which the US begins to show global leadership towards nuclear disarmament that it promised to in the Non-Proliferation Treaty, and that should be reflected in the sitewide which shows just passive maintenance of the stockpile. We don’t need Pit Production because it’s for NEW designs – NOT to ensure the safety and reliability of the existing stockpile. The US, for our own national security and global security, we need to lead the world towards global nuclear disarmament – and this Site-Wide EIS does the opposite.

 
The hearings in Santa Fe and Los Alamos on February 11 and February 13, 2025, respectively, both had virtual participation options. The attendees online and in person were equally vehement in protesting the “rigged game” we’re given with this SWEIS and decrying the fact that there is no alternative besides increased nuclear weapons production.

See more here: https://www.santafenewmexican.com/news/local_news/critics-at-hearing-speak-out-against-expansion-plan-pit-production-at-lanl/article_a2e4a6cc-e8a3-11ef-9de5-7b0625b5f74d.html

And read an exceprt from the Archbishop of Santa Fe, John Wester’s comments:

“As we all know, we’re in an accelerating new nuclear arms race that’s made even more dangerous because of artificial intelligence, multiple nuclear actors and hypersonic delivery systems. It’s an already scary situation that has become even scarier, and what concerns me is that Los Alamos and Santa Fe play a key role in naturally fostering and promoting this new nuclear arms race – a race which I believe is an affront to all that is good and holy, all from our perspective that God has placed in us to live in harmony with one another. Nuclear weapons pose one of the greatest threats to that harmony. I think it’s important to know what I’m learning more and more about is that expanded plutonium pit production is not simply to maintain the safety and reliability of our existing so-called deterrence. I think it’s important that people are aware that it’s really for new design nuclear weapons for this new particular armed race. I think it’s important that that people recognize that deterrence is not the way to go. In that light, I would say obviously for me is a Catholic Bishop, Pope Francis I think has really changed the whole moral landscape of looking at nuclear weapons. On the 70th anniversary of the Hiroshima atomic bombing, Pope Francis declared that the very possession of nuclear weapons is immoral. As Catholics this was an extremely important shift there. The 1983 United states conference of Catholic Bishops did allow for deterrence – it was promoting disarmament but made caveats for deterrence. But Pope Francis has taken that off the table in saying that even possessing nuclear weapons is immoral, it’s unethical. One of the main reasons for this church’s shift on this was that the nuclear weapons powers really have failed in their pledge in 1970 when they joined the Non-Proliferation Treaty. The TPNW came about because of that failure, and so it seems to me then based on what Pope Francis said, that if possessing nuclear weapons is immoral, then expanding plutonium pit cores and modernizing our weapons systems in order to be more involved in the new nuclear arms race is also immoral. This policy is unethical. Now I want to be careful here, I am not saying that anyone working at Los Alamos or Sandia or Lawrence Livermore in California, I’m not judging them or saying there are immoral – that’s a different matter in one’s conscience. I’m saying that the policy is involved and the Pope said that nuclear weapons themselves are intrinsically immoral. I think that’s an important thing to keep in mind, that that we need to be moving toward disarmament and that if we’re not, if that’s not our trajectory, rather if it’s just to build up our defenses, then that’s an immoral buildup.”

Remember the Downwinders

Today,  Jan. 27 is a National Day of Remembrance for Downwinders. Nuclear testing by the U.S. government started in New Mexico with the Trinity Test in July 1945, and the Crossroads Series of three tests followed in the Pacific in 1946. The United States took part in nuclear testing as part of the escalating Cold War arms race, and nuclear weapons proliferated. Americans working and living downwind from nuclear testing sites became sick and killed by the radiation exposure generated from the aboveground atomic tests in Nevada, which began on January 27, 1951 and ended on July 17, 1962. With each nuclear test, radioactive fallout spread globally. Of course, downwinders are not only American. At the so-called “Pacific Proving Grounds” in the Marshall Islands, 67 nuclear weapons were detonated between 1945 and 1962.

From GUAM PACIFIC DAILY NEWS 1/27/25:

“It became a site of unimaginable destruction that did not stop at the blast zones. The radioactive fallout spread across the Pacific, settling on many islands like ours.” — Guam Senator Therese Terlaje

Seven of the top 10 adult cancers on Guam are now recognized as compensable for radiation exposure by the federal government, the senator noted.

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Historic Settlement Reached in NEPA Lawsuit Over Plutonium “Pit” Bomb Core Production

Nonprofit public interest groups have reached an historic settlement agreement with the Department of Energy’s semi-autonomous nuclear weapons agency, the National Nuclear Security Administration (NNSA). This is the successful result of a lawsuit against NNSA over its failure to complete a programmatic environmental impact statement on the expanded production of plutonium “pit” bomb cores, as required by the National Environmental Policy Act (NEPA). This agreement and a joint motion to dismiss have been submitted to Judge Mary Lewis Geiger of the Federal District of South Carolina. Should the Court enter the dismissal and retain jurisdiction to enforce the settlement, the agreement will go into effect.

This lawsuit was first filed in June 2021 by co-plaintiffs Savannah River Site Watch of Columbia, SC; Nuclear Watch New Mexico of Santa Fe, NM; Tri-Valley Communities Against a Radioactive Environment (CAREs), based in Livermore, CA; and the Gullah/Geechee Sea Island Coalition of coastal Georgia. NNSA promptly moved to have the case dismissed which in February 2023 Judge Lewis rejected, calling her decision “not a close call.”

In September 2024, Judge Lewis ruled that DOE and NNSA had violated NEPA by failing to properly consider alternatives before proceeding with their plan to produce plutonium pits, a critical component of nuclear weapons, at the Los Alamos National Laboratory (LANL) in New Mexico and, for the first time ever, at the Savannah River Site (SRS) in South Carolina. The Court found that the plan’s purpose had fundamentally changed from NNSA’s earlier analyses which had not considered simultaneous pit production at two sites. Judge Lewis directed the Defendants and Plaintiffs to prepare a joint proposal for an appropriate remedy which fostered additional negotiations.

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New Draft LANL Site-Wide Environmental Impact Statement is Released

NNSA’s Preferred Future for the Lab is Radically Expanded Nuclear Weapons Programs

The National Nuclear Security Administration (NNSA) has finally released its Draft Site-Wide Environmental Impact Statement (SWEIS) for Continued Operation of the Los Alamos National Laboratory. This is more than two years after it was first announced and sixteen years after the last site-wide EIS. During that time the Lab has become more and more a nuclear weapons production site for the new global nuclear arms race. Accordingly, the central point of the new draft LANL SWEIS is “NNSA has identified the Expanded Operations Alternative as the preferred alternative for the continuing operations of LANL.” Draft LANL SWEIS, page S-13.

As policy background, the draft LANL SWEIS pays lip service to the 1970 NonProliferation Treaty (NPT):

“In Article VI of the NPT, treaty parties “undertake to pursue negotiations in good faith on effective measures relating to cessation of the nuclear arms race at an early date and to nuclear disarmament…” The U.S. takes this commitment seriously and has emphasized dedication to both the long-term goal of eliminating nuclear weapons and the requirement that the U.S. has modern, flexible, and resilient nuclear capabilities that are safe and secure, until such a time as nuclear weapons can prudently be eliminated from the world.” P. 1-7.

Left unsaid is that no nuclear power, including the United States, has ever even tried to enter into good faith negotiations toward nuclear weapons disarmament, pledged to more than a half-century ago. Instead, all nuclear weapons states are now engaged in massive “modernization” programs to keep nuclear weapons forever, leading to today’s accelerating nuclear weapons arms race. Also, very much left unsaid is the Treaty on the Prohibition of Nuclear Weapons, ratified by 73 countries, nearing its fourth anniversary since it went into effect.

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Independent Review of Chromium Groundwater Contamination Fails to Make Final Cleanup Recommendation

After 20 Years Los Alamos Lab Still Doesn’t Know Size of Plume
At Present Rate Cleanup Will Take More Than a Century

On December 30, 2024, in the middle of the holiday season, the Los Alamos National Laboratory (LANL) posted the report Independent Review of the Chromium Interim Measures Remediation System to its largely unknown Legacy Cleanup Electronic Public Reading Room. This report attempts to address the Lab’s extensive contamination of the region’s deep groundwater aquifer by a large plume of hexavalent chromium, whose potentially serious human health effects (including cancer) was the subject of the popular movie Erin Brockovich.

LANL’s chromium contamination plume is at least one mile long, a half mile wide and 100 feet thick.[1] It is commonly regarded as the Lab’s most serious environmental threat. One drinking water supply well for Los Alamos County has been shut down because of the plume. Lab maps of the contamination depict it as abruptly stopping at the border of San Ildefonso Pueblo, which is highly unlikely.

The bottom line of the newly released chromium report is:

“…at this time the plume is not sufficiently characterized to design a final remedy… data gaps and uncertainties need to be addressed before committing to an alternative or final remedy.”

This is a full two decades after the chromium plume was first reported.

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Working Together, We Can Meet Enormous Challenges

Dear Friends,

As we look back on 2024, Nuclear Watch New Mexico hopes you had a wonderful year. We wish you peace and prosperity. Given uncertain times ahead, we are confident that by working together we can meet the enourmous challenges that are in store for us in 2025.

Together, we can resist provocative nuclear weapons programs that are helping to fuel a new arms race. A prime example is the expanded production of plutonium “pit” bomb cores at both the Los Alamos National Laboratory (LANL) and the Savannah River Site in South Carolina. NukeWatch NM is leading the effort to compel legally required public review of the National Nuclear Security Administration’s (NNSA’s) most expensive program ever (but has no credible cost estimates). New pit production is not needed because it is for new weapons designs, not to maintain the safety and reliability of the existing, extensively tested nuclear stockpile.

Plutonium Pit Production

Together we can watchdog LANL cleanup. Please join us next year for public hearings where we will oppose LANL’s plans to “cap-and-cover” existing radioactive and toxic wastes, leaving them permanently buried in unlined pits and shafts as a perpetual threat to groundwater.

Los Alamos National Lab Cleanup

We ask for your help in compelling the Department of Energy to stop expansion of the Waste Isolation Pilot Plant (WIPP) in southern New Mexico. WIPP’s mission is fundamentally changing from cleanup to direct support of the new arms race as the dump for new radioactive plutonium wastes from expanding nuclear weapons production. See how to make a difference at https://stopforeverwipp.org/home

Waste Isolation Pilot Plant

Together, we can make progress toward a future nuclear weapons-free world! With deep appreciation, we thank those who have already contributed. If you haven’t given yet, please know that your support is vital to our ongoing work. Your generous tax deductible donation can be mailed to Nuclear Watch NM, 903 W. Alameda #325, Santa Fe, NM 87501, or made online at nukewatch.org/donate/

Our sincere gratitude and best wishes for the coming year,

Jay Coghlan, Executive Director
Scott Kovac, Research Director
Sophie Stroud, Digital Content Manager

 

P.S.: If you’re so inclined, please go to https://www.armscontrol.org/acpoy/2024 to vote for the 2024 Arms Control Person(s) of the Year. Savannah River Site Watch, Tri-Valley CAREs, the Gullah/Geechee Sea Island Coalition, the South Carolina Environmental Law Project and NukeWatch NM are nominees for their lawsuit to compel the NNSA to complete a nation-wide programmatic environmental impact statement on expanded plutonium pit production.

The U.S. Nuclear Policy of Deterrence: What if it Fails?

The U.S. nuclear strategy of deterrence “aims to prevent an adversary from launching a nuclear weapon by assuring that any first strike will be followed by a retaliatory second strike, whose effects will equal or exceed the original damage and may eliminate the adversary altogether.” From a purely theoretical standpoint, its premise is simple: the threat of overwhelming retaliation should prevent adversaries from launching a first attack. As illuminated in an insightful analysis in the Boston Review, current deterrence policies use perpetual threats of annihilation as a means of coercion. Our most “successful” solution so far to the threat of catastrophic nuclear war has been a tool of extortion, rather than genuine security measures such as binding arms control and nonproliferation agreements.

Deterrance is “framed wholly as defensive and preventative (and from day to day, largely successful in deflecting our attention from the actual first use stance the country has had for nearly eighty years).” [Boston Review] But what if this strategy fails? What if deterrence doesn’t work as intended?

The policy of deterrence assumes that rational actors will always act in their own self-interest to avoid nuclear war.

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How to Build A Nuke

Court Rules U.S. Nuclear Weapons Production Plan Violates Federal Law

On September 30, United States District Court Judge Mary Geiger Lewis ruled that the United States Department of Energy (“DOE”) and its semi-autonomous nuclear weapons agency, the National Nuclear Security Administration (“NNSA”), violated the National Environmental Policy Act (“NEPA”) by failing to properly consider alternatives before proceeding with their plan to produce plutonium pits, a critical component of nuclear weapons, at the Los Alamos National Laboratory (“LANL”) in New Mexico and, for the first time ever, at the Savannah River Site (“SRS”) in South Carolina.

The Court found that the plan’s purpose had fundamentally changed from NNSA’s earlier analyses which had not considered simultaneous pit production at two sites.  These changes necessitated a reevaluation of alternatives, including site alternatives, which Defendants failed to undertake prior to moving forward while spending tens of billions of taxpayers’ dollars. Therefore, the Court entered judgment in favor of Plaintiffs, the nonprofit public interest groups Savannah River Site Watch, Nuclear Water New Mexico and Tri-Valley Communities Against a Radioactive Environment (CAREs); the Gullah/Geechee Sea Island Coalition; and Tom Clements as an individual plaintiff.

As a result of this ruling, the Defendants are required to newly assess pit production at a nation-wide programmatic level which will mean undertaking a thorough analysis of the impacts of pit production at DOE sites throughout the United States, including radioactive waste generation and disposal. Under the National Environmental Policy Act (NEPA), this will provide the opportunity for public scrutiny of and formal comment on their assessments.

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RECA Advocates on Capitol Hill Renew Push for Nuclear Radiation Victim Compensation This Week

This week saw important developments surrounding the Radiation Exposure Compensation Act (RECA), which provides compensation to individuals affected by U.S. nuclear testing and uranium mining and expired in June earlier this year, leaving many who were exposed to radiation without compensation. Advocates and lawmakers are intensifying efforts to push Speaker Mike Johnson to bring RECA back to the House floor for a vote.

Two Native American women, Linda Evers and Tina Cordova, have been at the forefront of this fight, advocating tirelessly to preserve and extend RECA’s provisions. Their work has resonated powerfully, especially in New Mexico, where uranium mining and nuclear tests have left entire communities facing severe health crises. These populations have been disproportionately impacted by radiation and suffered from generations of exposure to radioactive contamination, leading to chronic illnesses, cancers, and premature deaths. The situation is especially dire for Native American and rural communities, who have long borne the brunt of this toxic legacy, with little to no compensation or acknowledgment. The fight to extend RECA is not just about justice—it’s about survival for those still suffering the long-term effects of these catastrophic policies.

In a recent Washington, D.C. event, activists from New Mexico voiced their frustrations over the lack of progress, pushing lawmakers to extend the act and increase compensation limits. See more on this in the news report above from KOB 4.

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Fate of interim storage at Supreme Court could be decided by October

Nuclear Waste ‘Interim’ Storage Updates

In June 2024, Holtec International, along with the U.S. Nuclear Regulatory Commission (NRC) and the Department of Justice, petitioned the U.S. Supreme Court to review a March ruling by the Fifth Circuit Court that vacated Holtec’s license to build a nuclear waste interim storage facility in New Mexico. The Fifth Circuit’s basis to vacate the license is that the NRC lacks the authority to license private interim storage sites like Holtec’s in New Mexico and a similar facility in Texas operated by Interim Storage Partners (ISP). Holtec’s petition to the Supreme Court aims to reverse the lower court’s ruling and allow the construction of the facility in southeastern New Mexico, which would store spent nuclear fuel “temporarily” while awaiting a permanent disposal solution.

Holtec contends that their operations are safe and necessary for managing the nation’s growing stockpile of nuclear waste. These sites and any transport to these sites are not only dangerous but environmentally unjust. New Mexico’s demographic is largely Latino. There are many communities of color, especially in the southern part of the state where the sites are being proposed. These sites present clear examples of environmental racism; people of color would be disproportionately affected if the Holtec/ISP CIS site were licensed and constructed.

For more background information, see:

Keeping a (Nuke)Watchful Eye on Consolidated Interim Storage: No High-Level Waste To New Mexico

Interim Storage Partners first applied for a federal license to build the site back in 2016. The NRC approved and licenced the facility in west Texas in 2021.

Key dates include the petition being docketed on June 27, 2024, and scheduled for the Supreme Court’s conference on September 30, 2024. During this conference, the justices will decide whether the Supreme Court agrees to hear the case (grants certiorari). If it does, oral arguments may be scheduled in late 2024 or early 2025, with a decision expected afterward. The timeline for any Supreme Court ruling could vary, but such cases often take several months for a decision following the grant of certiorari.

UPDATE – OCTOBER 4, 2024: The Supreme Court has granted certiorari, meaning the justices will hear arguments and decide the case.

From Courthouse News Service: “The court is expected to take up the case in its forthcoming term, which begins Monday. Arguments likely will begin next year, with a decision possible by the summer.”

For more information, see also: exchangemonitor.com/fate-of-interim-storage-at-supreme-court-could-be-decided-by-october

High Detections of Plutonium in Los Alamos Neighborhood – As We Enter a New Nuclear Arms Race the Last One is Still Not Cleaned Up

In April Nuclear Watch New Mexico released a map of plutonium contamination based on Lab data. Today, Dr. Michael Ketterer, Professor Emeritus of Chemistry and Biochemistry, Northern Arizona University, is releasing alarmingly high results from samples taken from a popular walking trail in the Los Alamos Town Site, including detections of some of the earliest plutonium produced by humankind.

On July 2 and 17 Dr. Ketterer, with the assistance of Nuclear Watch New Mexico, collected water, soil and plant samples from Acid Canyon in the Los Alamos Town Site and soil and plant samples in Los Alamos Canyon at the Totavi gas station downstream from the Lab. The samples were prepared and analyzed by mass spectrometry at Northern Arizona University to measure concentrations of plutonium, and to ascertain its sources in the environment.

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NNSA Town Hall July 22nd – Hruby: “We have to limit the growth of Los Alamos Laboratory…”

The U.S. Department of Energy (DOE) Office of Environmental Management (EM) Los Alamos Field Office held a Town Hall event hosted by the DOE National Nuclear Security Administration (NNSA) and EM on Monday, July 22, in Santa Fe. The Town Hall was led by NNSA’s Jill Hruby and EM’s Senior Advisor Candice Robertson. The intent according the event flier was to “engage with the community, provide updates, and address concerns related to the DOE’s activities and initiatives.”

The public comment period began with Jay Coghlan, executive director of NukeWatch NM, reading aloud a statement from Archbishop John C. Wester to the DOE, NNSA and EM.

“Nuclear disarmament is a right to life issue. No other issue can cause the immediate collapse of civilization. In January 2022 I wrote a pastoral letter in which I traced the Vatican’s evolution from its uneasy conditional acceptance of so-called deterrence to Pope Francis’ declaration that the very possession of nuclear weapons is immoral.  https://archdiosf.org/living-in-the-light-of-christs-peace “Therefore, what does this say about expanded plutonium pit production at the Los Alamos Lab? And what does it say about the obscene amounts of money that are being thrown at pit production, often excused as job creation?

“What does this say about the fact that the [NNSA] is pursuing expanded pit production without providing the public the opportunity to review and comment as required by the National Environmental Policy Act? I specifically call upon NNSA to complete a new LANL Site-Wide Environmental Impact Statement.

“I have a simple message for NNSA and the nuclear weapons labs. You’re very good at creating them. Now show us how smart you are by demonstrating how to get rid of nuclear weapons. Stop this new arms race that threatens all of civilization. Let’s preserve humanity’s potential to manifest God’s divine love toward all beings.

READ FULL STATEMENT

NNSA adminstrator Jill Hruby began the event with a spiel about Russia continuing their nuclear saber rattling and China aquiring over 1500 nuclear weapons by 2025. She said NNSA is putting the pressure on to develop 7 weapons

Jill Hruby intro:

A lot has changed in the last 15 months. At the highest level Russia continues its full scale invasion of Ukraine including nuclear Saber rattling and the takeover of the Zaporizhia nuclear power plant. It has violated most nuclear norms and most recently seems to be exploring using nuclear weapons in space. China is projected to have 1500 nuclear warheads by the year 2035 and continue to express an intent to take over Taiwan, their technology advancement is significant, and the combination of China and Russia now means that parity in the number of nuclear weapons doesn’t make any sense. In addition, we have North Korea and Iran that are still players in this world and the cooperation between all of them is also advancing. But what I want to say is despite these advances, we do not want an arms race, this administration doesn’t want a new arms race, the NNSA doesn’t want an arms race. We’re trying to exercise leadership and transparency, but we also can’t sit on our hands, and so we’re trying to find the balance.
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Keeping a (Nuke)Watchful Eye on Consolidated Interim Storage: No High-Level Waste To New Mexico

If you follow news on nuclear waste, you know that the federal government is required by law to have a permanent disposal plan for our nation’s nuclear waste before engaging in temporary storage, or “consolidated interim storage” for commercial spent nuclear fuel. There are currently about 86,000 metric tons of this fuel in the U.S., stored on-site at operating or shutdown nuclear power plants in 33 states, an amount that continues to grow by about 2,000 metric tons a year (GAO). This is waste generated by nuclear power plants called ‘high-level radioactive waste’ (HLW), also known as ‘spent’ or ‘irradiated’ fuel. This waste contains plutonium, uranium, strontium, and cesium; it is most toxic and dangerous type of radioactive waste created by the nuclear industry and will be radioactive for millions of years.

Two private companies “Holtec” and “Interim Storage Partners” are proposing to build and operate facilities for HLW called “Consolidated Interim Storage Facilities (CISF)” in New Mexico and Texas. While federal law requires the government to have a permanent disposal solution, it does not explicitly prevent private entities from offering interim storage solutions. Enter money-gobbling Holtec and ISP.

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Your NukeWatch NM Team in DC!

Your Nuclear Watch New Mexico team has just returned from a weeklong trip to Washington D.C. (we went so you don’t have to!). We proudly joined the Alliance for Nuclear Accountability (ANA) in their annual “DC Days” conference and following Spring Meeting, where over 60 individuals from 30+ groups journeyed to DC to lobby congress on nuclear weapons, energy, and waste policy on behalf of the frontline nuclear communities we represent. From across the U.S. near nuclear complex sites in Georgia, New Mexico, Tennessee, California, Missouri, Colorado, Idaho, Michigan and beyond, members were present from the following groups: Beyond Nuclear, Georgia Women’s Action for New Directions, Nuclear Age Peace Foundation, Nuclear Watch New Mexico, Oak Ridge Environmental Peace Alliance, Parents Against Santa Susana Field Laboratory, Peaceworks Kansas City, Physicians for Social Responsibility – Los Angeles & Wisconsin, Rocky Mountain Peace & Justice Center, Snake River Alliance, Southwest Research and Information Center, Tri-Valley Communities Against a Radioactive Environment, and Women’s International League for Peace and Freedom. There were also a number of individual attendants participating from groups not currently affiliated with ANA as official members, notably more than previous years, which lends optimism for the potential growth of DC Days and ANA as a whole.

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